23198 Federal Register / Vol. 73, No.
83 / Tuesday, April 29, 2008 / Notices
Agreement within fifteen (15) calendar
days, the Agreement shall be deemed
finally accepted on the sixteenth (16th)
calendar day after the date it is
published in the Federal Register.
20. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, DDI
knowingly, voluntarily, and completely
waives any rights it may have in this
matter to the following: (1) An
administrative or judicial hearing; (2)
judicial review or other challenge or
contest of the validity of the Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether DDI failed to comply with the
CPSA and its underlying regulations; (4)
a statement of findings of fact and
conclusions of law; and (5) any claims
under the Equal Access to Justice Act.
21. The Commission may publicize
the terms of the Agreement and the
Order.
22. The Agreement and the Order
shall apply to, and be binding upon,
DDI and each of its successors and
assigns.
23. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject DDI
to appropriate legal action.
24. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those
contained in the Agreement and the
Order may not be used to vary or
contradict their terms. The Agreement
shall not be waived, amended,
modified, or otherwise altered without
written agreement thereto executed by
the party against whom such waiver,
amendment, modification, or alteration
is sought to be enforced.
25. If any provision of the Agreement
and the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and DDI agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
26. Pursuant to section 6(d) of the
Interim Delegation of Authority ordered
by the Commission on February 1, 2008,
the Commission delegated to the
Assistant Executive Director for
Compliance and Field Operations the
sroberts on PROD1PC70 with NOTICES
authority to act, with the concurrence of
the General Counsel, for the
Commission under 16 CFR 1118.20 with
respect to Staff allegations that any
person or firm violated 15 U.S.C. 2068,
VerDate Aug<31>2005 21:01 Apr 28, 2008 Jkt 214001
where the total amount of the settlement
involves no more than $100,000.
DollarDays International, LLC
Dated: 3/19/08.
By: Marc Joseph,
President, DollarDays International, LLC
7575 E. Redfield Rd., Suite 201,
Scottsdale, AZ 85260
U.S. Consumer Product Safety
Commission Staff
J. Gibson Mullan,
Assistant Executive Director, Office of
Compliance and Field Operations
Ronald G. Yelenik,
Acting Director, Legal Division, Office of
Compliance and Field Operations
Dated: 4–16–08.
By: Seth B. Popkin,
Trial Attorney, Legal Division, Office of
Compliance and Field Operations
In the Matter of DollarDays
International, LLC; CPSC Docket No.
08–C0010
Order
Upon consideration of the Settlement
Agreement entered into between
DollarDays International, LLC (‘‘DDI’’)
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over DDI,
and pursuant to the authority delegated
in section 6(d) of the Interim Delegation
of Authority ordered by the Commission
on February 1, 2008, and it appearing
that the Settlement Agreement and the
Order are in the public interest, it is
Ordered, that the Settlement Agreement
be, and hereby is, accepted; and it is
Further ordered, that DDI shall pay a
civil penalty in the amount of twenty-
five thousand dollars ($25,000.00) in
three (3) installments as follows:
$5,000.00 shall be paid within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement; $10,000.00 shall be paid on
or before May 1, 2008; and $10,000.00
shall be paid on or before August 1,
2008. The payment shall be made by
check payable to the order of the United
States Treasury. Upon the failure of DDI
to make any of the foregoing payments
when due, interest on the unpaid
amount shall accrue and be paid by DDI
at the federal legal rate of interest set
forth at 28 U.S.C. 1961(a) and (b).
Provisionally accepted and
provisional Order issued on the 22nd
day of April, 2008.
By Order of the Commission:
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission
[FR Doc. E8–9290 Filed 4–28–08; 8:45 am]
BILLING CODE 6355–01–M
PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 08-COO12]
Gildan Activewear SRL, a corporation,
Provisional Acceptance of a
Settlement Agreement and Order
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally-accepted
Settlement Agreement with Gildan
Activewear SRL, containing a civil
penalty of $35,000.00.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by May 14,
2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 08-COO12, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney,
Legal Division, Office of Compliance
and Field Operations, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, Maryland
20814–4408; telephone (301) 504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: April 23, 2008.
Todd A. Stevenson,
Secretary.
In the Matter of Gildan Activewear
SRL, a Corporation.; CPSC DOCKET
NO. 08-C0012
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Gildan Activewear SRL (‘‘Gildan’’) and
the staff (‘‘Staff’’) of the United States
Consumer Product Safety Commission
(‘‘Commission’’) enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached Order (‘‘Order’’) settle the
Staff’s allegations set forth below.
Parties
2. The Commission is an independent
federal regulatory agency established
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 Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
pursuant to, and responsible for the
enforcement of, the Consumer Product
Safety Act, 15 U.S.C. 2051–2084
(‘‘CPSA’’).
3. Gildan is a corporation organized
and existing under the laws of Barbados,
with its principal offices located in St.
Michael, Barbados. At all times relevant
hereto, Gildan sold apparel and
accessories.
Staff Allegations
4. Between January 2006 and
September 2006, Gildan manufactured
146,466 youth hooded sweatshirts with
drawstrings through the hoods for sale
in the United States (‘‘Drawstring
Sweatshirts’’).
5. Wholesale distributors sold the
Drawstring Sweatshirts to consumers.
6. The Drawstring Sweatshirts are
‘‘consumer product[s],’’ and, at all times
relevant hereto, Gildan was a
‘‘manufacturer’’ of those consumer
products, which were ‘‘distributed in
commerce,’’ as those terms are defined
in CPSA sections 3(a)(1), (4), (11), and
(12), 15 U.S.C. 2052(a)(1), (4), (11), and
(12).
7. In February 1996, the Staff issued
the Guidelines for Drawstrings on
Children’s Upper Outerwear
(‘‘Guidelines’’) to help prevent children
from strangling or entangling on neck
and waist drawstrings. The Guidelines
state that drawstrings can cause, and
have caused, injuries and deaths when
they catch on items such as playground
equipment, bus doors, or cribs. In the
Guidelines, the Staff recommends that
there be no hood and neck drawstrings
in children’s upper outerwear sized 2T
to 12.
8. In June 1997, ASTM adopted a
voluntary standard, ASTM F1816–97,
that incorporated the Guidelines. The
Guidelines state that firms should be
aware of the hazards and should be sure
garments they sell conform to the
voluntary standard.
9. On May 19, 2006, the Commission
posted on its Web site a letter from the
Commission’s Director of the Office of
Compliance to manufacturers,
importers, and retailers of children’s
upper outerwear. The letter urges them
to make certain that all children’s upper
outerwear sold in the United States
complies with ASTM F1816–97. The
letter states that the Staff considers
children’s upper outerwear with
drawstrings at the hood or neck area to
be defective and to present a substantial
sroberts on PROD1PC70 with NOTICES
risk of injury to young children under
Federal Hazardous Substances Act
(‘‘FHSA’’) section 15(c), 15 U.S.C.
1274(c). The letter also notes the CPSA’s
section 15(b) reporting requirements.
VerDate Aug<31>2005 21:01 Apr 28, 2008 Jkt 214001
10. Gildan reported to the
Commission that there had been no
incidents or injuries from the
Drawstring Sweatshirts.
11. Gildan’s manufacture and
distribution in commerce of the
Drawstring Sweatshirts did not meet the
Guidelines or ASTM F1816–97, failed to
comport with the Staff’s May 2006
defect notice, and posed a strangulation
hazard to children.
12. On September 20, 2006, the
Commission, in cooperation with
Gildan, announced a recall of
Drawstring Sweatshirts, informing
consumers that they should
immediately remove the drawstrings to
eliminate the hazard.
13. Gildan had presumed and actual
knowledge that the Drawstring
Sweatshirts distributed in commerce
posed a strangulation hazard and
presented a substantial risk of injury to
children under FHSA section 15(c)(1),
15 U.S.C. 1274(c)(1). Gildan had
obtained information that reasonably
supported the conclusion that the
Drawstring Sweatshirts contained a
defect that could create a substantial
product hazard or that they created an
unreasonable risk of serious injury or
death. CPSA sections 15(b)(2) and (3),
15 U.S.C. 2064(b)(2) and (3), required
Gildan to immediately inform the
Commission of the defect and risk.
14. Gildan knowingly failed to inform
the Commission about the Drawstring
Sweatshirts immediately as required by
CPSA sections 15(b)(2) and (3), 15
U.S.C. 2064(b)(2) and (3), and as the
term ‘‘knowingly’’ is defined in CPSA
section 20(d), 15 U.S.C. 2069(d). This
failure violated CPSA section 19(a)(4),
15 U.S.C. 2068(a)(4). Pursuant to CPSA
section 20, 15 U.S.C. 2069, this failure
subjected Gildan to civil penalties.
Gildan’s Response
15. Gildan denies the Staff’s
allegations; specifically, as follows:
(a) Gildan did not knowingly violate
the CPSA;
(b) Gildan sold the Drawstring
Sweatshirts to wholesale distributors,
who then, directly or indirectly, sold
less than 70,000 to consumers;
(c) Gildan, in cooperation with the
Commission, announced the recall of
Drawstring Sweatshirts and recovered
all Drawstring Sweatshirts still in the
possession of wholesale distributors;
(d) Gildan had access to information
that could support the conclusion that
the Drawstring Sweatshirts were a
potential hazard;
(e) Gildan reported the existence of
the potential hazard to the Commission
immediately upon having actual
knowledge of the potential hazard; and
PO 00000 Frm 00022 Fmt 4703 Sfmt 4703
23199
(f) Gildan has reported to the
Commission that it had received no
reports of any injuries from the
Drawstring Sweatshirts.
Agreement of the Parties
16. Under the CPSA, the Commission
has jurisdiction over this matter and
over Gildan.
17. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Gildan, or a determination
by the Commission, that Gildan
knowingly violated the CPSA.
18. In settlement of the Staff’s
allegations, Gildan shall pay a civil
penalty in the amount of thirty-five
thousand dollars ($35,000.00) within
twenty (20) calendar days of service of
the Commission’s final Order accepting
the Agreement. This payment shall be
by check payable to the order of the
United States Treasury.
19. Upon provisional acceptance of
the Agreement, the Agreement shall be
placed on the public record and
published in the Federal Register in
accordance with the procedures set
forth in 16 CFR 1118.20(e). In
accordance with 16 CFR 1118.20(f), if
the Commission does not receive any
written request not to accept the
Agreement within fifteen (15) calendar
days, the Agreement shall be deemed
finally accepted on the sixteenth (16th)
calendar day after the date it is
published in the Federal Register.
20. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Gildan
knowingly, voluntarily, and completely
waives any rights it may have in this
matter to the following: (1) An
administrative or judicial hearing; (2)
judicial review or other challenge or
contest of the validity of the Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether Gildan failed to comply with
the CPSA and its underlying
regulations; (4) a statement of findings
of fact and conclusions of law; and (5)
any claims under the Equal Access to
Justice Act. Upon issuance of, and
Gildan’s compliance with, the final
Order, the Commission agrees not to
bring a civil penalty action against
Gildan and each of its successors and
assigns based upon the Staff’s
allegations contained herein regarding
the Drawstring Sweatshirts.
21. The Commission may publicize
the terms of the Agreement and the
Order.
22. The Agreement and Order shall
apply to, and be binding upon, Gildan
and each of its successors and assigns.
E:\FR\FM\29APN1.SGM 29APN1
 23200 Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
23. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order subjects Gildan to
appropriate legal action in any United
States District Court. For purposes of
any such action, counsel of record
agrees to accept service of process.
24. This Agreement may be used in
interpreting the Order.
Understandings, agreements,
representations, or interpretations apart
from those contained in the Agreement
and the Order may not be used to vary
or contradict their terms. The
Agreement shall not be waived,
amended, modified, or otherwise altered
without written agreement thereto
executed by the party against whom
such waiver, amendment, modification,
or alteration is sought to be enforced.
25. If any provision of the Agreement
and the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and Gildan
agree that severing the provision
materially affects the purpose of the
Agreement and the Order.
26. Pursuant to section 6(d) of the
Interim Delegation of Authority ordered
by the Commission on February 1, 2008,
the Commission delegated to the
Assistant Executive Director for
Compliance and Field Operations the
authority to act, with the concurrence of
the General Counsel, for the
Commission under 16 CFR 1118.20 with
respect to Staff allegations that any
person or firm violated 15 U.S.C. 2068,
where the total amount of the settlement
involves no more than $100,000.
Gildan Activewear SRL.
Dated: 04/08/08.
By: Michael R. Hoffman,
President, Gildan Activewear SRL, 34
Warrens Street,St. Michael, Barbados.
Dated: 04/08/08.
By: Thomas D. Myriek, Esquire,
Moore & Van Allen, PLLC,
Counsel for Gildan Activewear SRL,
100 North Tryon Street, Suite 4700,
Charlotte, NC 28202–4003.
U.S. Consumer Product
Safety Commission Staff.
J. Gibson Mullen,
Assistant Executive Director, Office of
Compliance and Field Operations.
Ronald G. Yelenik,
sroberts on PROD1PC70 with NOTICES
Acting Director, Legal Division,
Office of Compliance and Field Operations.
Dated: 04/11/08.
By: Dennis C. Kacoyanis, Trial Attorney,
Legal Division, Office of Compliance and
Field Operations.
VerDate Aug<31>2005 21:01 Apr 28, 2008 Jkt 214001
In the Matter of Gildan Activewear
SRL, a corporation.; CPSC DOCKET
NO. 08–C0012
Order
Upon consideration of the Settlement
Agreement entered into between Gildan
Activewear SRL (‘‘Gildan’’) and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Gildan, and
pursuant to the authority delegated in
section 6(d) of the Interim Delegation of
Authority ordered by the Commission
on February 1, 2008, and it appearing
that the Settlement Agreement and the
Order are in the public interest, it is
Ordered, that the Settlement Agreement
be, and hereby is, accepted; and it is
Further Ordered, that Gildan shall pay
a civil penalty in the amount of thirty-
five thousand dollars ($35,000.00). This
payment shall be made by check
payable to the order of the United States
Treasury within (20) calendar days of
service of the Commission’s Final Order
accepting the Agreement. Upon the
failure of Gildan to make the foregoing
payment when due, interest on the
unpaid amount shall accrue and be paid
by Gildan at the federal rate of interest
set forth at 28 U.S.C. 1961(a) and (b).
Provisionally accepted and
provisional Order issued on the 22nd
day of April, 2008.
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E8–9263 Filed 4–28–08; 8:45 am]
BILLING CODE 6355–01–M
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 08–COO11]
Life is Good, Inc., Provisional
Acceptance of a Settlement Agreement
and Order
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
SUMMARY: It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally accepted
Settlement Agreement with Life is
Good, Inc., containing a civil penalty of
$50,000.00.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29APN1.SGM
contents by filing a written request with
the Office of the Secretary by May 14,
2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 08–COO11, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT: Seth
B. Popkin, Trial Attorney, Legal
Division, Office of Compliance and
Field Operations, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7612.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: April 23, 2008.
Todd A. Stevenson,
Secretary.
In the Matter of Life is Good, Inc.; CPSC
Docket No. 08–C0011
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Life is Good, Inc. (‘‘LIG’’) and the staff
(‘‘Staff’’) of the United States Consumer
Product Safety Commission
(‘‘Commission’’) enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached Order (‘‘Order’’) settle the
Staff’s allegations set forth below.
Parties
2. The Commission is an independent
federal regulatory agency established
pursuant to, and responsible for the
enforcement of, the Consumer Product
Safety Act, 15 U.S.C. 2051–2084
(‘‘CPSA’’).
3. LIG is a corporation organized and
existing under the laws of
Massachusetts, with its principal offices
located in Boston, Massachusetts. At all
times relevant hereto, LIG sold apparel
and accessories.
Staff Allegations
4. Beginning in or about March 2006,
LIG distributed 2,493 children’s hooded
sweatshirts with drawstrings through
the hoods, and, beginning in or about
July 2007, LIG sold and/or held for sale
or distribution after introduction into
commerce, 7,793 Zippity Hoodie and
Sherpa Full Zip children’s hooded
sweatshirts with drawstrings through
the hood (collectively ‘‘Drawstring
Sweatshirts’’).
5. Retailers sold Drawstring
Sweatshirts to consumers.
6. The Drawstring Sweatshirts are
‘‘consumer product[s],’’ and, at all times
29APN1